La intervención de las comunicaciones telemáticas en el contexto digital

The interception of telematic communications in the digital context

Authors

  • Antón Fructuoso Freire Montero

DOI:

https://doi.org/10.18042/cepc/redc.130.05

Abstract

This paper aims to carry out an analysis of the measure of interception of telematic communications and its application in the field of the digital society. To do so, it will be necessary to take into account the existing regulatory basis following the reform of the criminal procedure law by LO 13/2015, a rule that overcomes the previous situations of anomie that existed in our country and which had been censured by the European Court of Human Rights. Furthermore, its application must take into account the current reality of remote communication, which is substantially different from that which existed until a few decades ago. Finally, we will study the effectiveness of this investigative diligence, distinguishing between two different factual assumptions: crime in the physical world and online crime.

Published

2024-04-18